Legal Definitions - executory devise

Definition: An interest in land created by a will that takes effect in the future and depends on a future contingency. It is a type of conditional limitation that differs from a remainder in three ways: (1) it needs no particular estate to support it, (2) with it a fee simple or lesser estate can be limited after a fee simple, and (3) with it a remainder can be limited in a chattel interest after a particular estate for life is created in that interest.

Example: If a person writes in their will that their house will go to their daughter, but only if she graduates from college, then this is an executory devise. The daughter will only receive the house if she meets the condition of graduating from college.

This example illustrates how an executory devise is a future interest that depends on a future contingency. The daughter will only receive the house if she meets the condition of graduating from college, which is uncertain at the time the will is written.